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(Guest)

Transfer of tenancy under the pagdi system

Transfer of tenancy under the Pagdi system

 

Dear Sir/Madam,

I have few questions for which I seek legal answer, your advice will be highly appreciated.

My father passed away last year leaving our mother and three daughters. He had purchased a room in 1995 in my mother's name, in South Mumbai, on Pagdi System, which is now given on rent with landlords permission, in return of paying him one months rent every year.

 

My mother is currently living in Thane and managing her expenses from 10k rent she receives from the said Mumbai room. We all three sisters are married and living with our own families.

 

My mother have few concerns, therefore my questions are:

1. Is it right that in case of the original tenant's demise if the property is on rent, the heirs have no right and the landlord can refuse to transfer tenancy to heirs and just takes over the property? If not then what can happen to the property after my mother?

 

2. Can the landlord reject the request to transfer the tenancy in any one or all three daughters names during my mothers life time.

 

3. What maximum percentage of transfer charge landlord can charge in case if he agrees to transfer the tenancy to any one of the daughter, or all three of us during my mothers life time? Will it be the same as we sell to outsider or will it be concessional?

 

Please answer the above questions and advice the best solution of this issue.

Many thanks.

 

 



Learning

 6 Replies

P. Venu (Advocate)     18 July 2017

The tenancy under tenancy system is transferable and heritable. However, in the former case, the Landlord is entitled for a portion of the proceeds. The system is long established and is based on conventions than State enacted laws.

Kishor Mehta (CEO)     18 July 2017

[1] The rented residential premises should not be sub-let without written permission of the landlord; [2] the dependents of the original tenant should be residing at the premises to be considered deemed tenants; [3] landlord can not be forced to transfer the rent receipt tother any name, for transfer of name in the rent receipt an order of the Court is essential; [4] no specific charges are prescribed for transfer of tenancy rights, that is to be mutually agreed upon between the tenant and the landlord; [5] only family members of the tenant, related by blood, can seek inheritance of deemed tenancy right subject to certain conditions.

I believe the above will adequately reply your queries.

Kishor Mehta


(Guest)

Thank you for replying. Can you please make it clear that is it still heritable if family members of tenant are not living in the property but given on rent with landlord's permission? 

 

Kishor Mehta (CEO)     18 July 2017

Close Family members, related by blood, can seek deemed tenancy rights, they may or may not be residing at the premises. Cousins have, however, no right to claim deemed tenancy. The tenancy has to be subsisting in order to claim deemed tenancy rights. Good luck, Kishor Mehta

Dr J C Vashista (Advocate)     19 July 2017

Very well analysed and advised by expert Mr. Kishor Mehta, I fully agree and appreciate.

Neither the landlord has sold any portion of the premises nor purchased by you (on pagri system) as stated by you wherein your father was inducted as tenant in the premises. Title of the property is with the landlord. You can not sub-let any portion of demised premises without permission of landlord.


(Guest)
Originally posted by : Kishor Mehta
Close Family members, related by blood, can seek deemed tenancy rights, they may or may not be residing at the premises. Cousins have, however, no right to claim deemed tenancy.
The tenancy has to be subsisting in order to claim deemed tenancy rights.
Good luck,
Kishor Mehta

Thank you for making it clear. Much appreciated. 


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